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MATTER OF LONG ISLAND RAILROAD COMPANY v. MADISON

36 A.D.3d 1106 (2007)

828 N.Y.S.2d 650

In the Matter of LONG ISLAND RAILROAD COMPANY, Petitioner, v. THOMAS J. MADISON, as Commissioner of Transportation, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided January 18, 2007.

Kane, J.

Petitioner is a public benefit corporation and a wholly owned subsidiary of the Metropolitan Transportation Authority (hereinafter MTA). Respondent Peat & Son, Corp. owns and operates a wholesale nursery business in the Town of Southampton, Suffolk County. Peat owns real property on either side of petitioner's railroad track. Citing safety concerns, petitioner decided to close a railroad crossing which provided access from Peat's southern parcel to its...

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